Public-domain · open source
OpenJurist

343 So. 2d 964

Docket No. DD-34.

Norris v. State

Diane Jean NORRIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 24, 1977.

District Court of Appeal of Florida · decided 1977-03-24

Key passage — most relied on by later courts

“"... If in fact she did not understand the significance of pleading guilty to an offense involving use of a firearm, she must be afforded the opportunity to withdraw her plea of guilty."”

quoted by 1 later decision, including 356 So. 2d 885 - Knowles v. State

Relies on Jenkins v. United States · 245 So. 2d 41 - Brown v. State · Garcia v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-03-24

How this case has been cited

Cited by 8 later decisions — most recently August 1994

8 state decisions

40197719801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1William B. Richbourg, Pensacola, for appellant.

¶2Robert L. Shevin, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee.

¶3SMITH, Judge.

¶4Appealing from the trial court's order denying her Rule 3.850 motion to vacate the sentence, appellant urges she was not made aware of the mandatory three-year sentence consequent upon her plea of guilty to aggravated assault involving a firearm. We conceive that appellant's averment that she had the impression that probation was a possibility in her case sufficiently alleges, for purposes of Fla.R. Crim.P., that she was not apprised of the significance of her plea. Fla.R.Crim.P. 3.170(j); Brown v. State,245 So.2d 41 (Fla. 1971); Garcia v. State,228 So.2d 300 (Fla.3d DCA 1969). An evidentiary hearing is required to determine the truth of appellant's averment. If in fact she did not understand the significance of pleading guilty to an offense involving use of a firearm, she must be afforded the opportunity to withdraw *965 her plea of guilty. See Jenkins v. United States,420 F.2d 433 (10th Cir.1970).

¶5REVERSED.

¶6MILLS, Acting C.J., and ERVIN, J., concur.

/343/so2d/964 · .json · Public domain